106 Pa. 643 | Pa. | 1884
delivered the opinion of the court,
As the action in this ease is against Constable George Lentz and his sureties for damages resulting from his refusal to receive and execute an execution issued by Alderman Wiley, of the second ward of the city of Lancaster, the question does not involve the power of the alderman to direct the writ as he did, but rather the power of the constable to refuse to receive it. That it is not only customary, but lawful, for aldermen and justices of the peace to issue their process to other constables than the one residing in the same ward with the defendant, we do not doubt; neither do we hesitate to say that any constable within the magistrate’s jurisdiction who would voluntarily receive such writ would be bound to execute it, and that he, with his sureties, would be responsible for a default or neglect in its proper execution. So, we agree with the dicta as found in Clark v. Worley, 7 S. & R., 349, that not only is the constable of the township in which the
The judgment is affirmed.